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ALFRED MULLER et al., Doing Business under the Name of WASH-O-METER, Plaintiffs, v. CONCOURSE INVESTORS, INC., Defendant.

STEUER, J.

This motion seeks a temporary injunction to restrain defendants from interfering with the conduct of plaintiffs' business in defendant's building. The plaintiff has installed and operated a number of washing machines in a building, pursuant to an agreement with the owner. Defendant bought the building and has taken steps designed to prevent plaintiffs' continuing to operate. The question is whether the agreement is a lease and consequently binding on defendant.

The test as to what is a lease is not the descriptive language used but whether the document gives exclusive control and possession, subject to reserved rights of specified space for a specified term. (Here the space is described as "certain laundry space in the above building.") The affidavits show that this was not a specified or clearly defined space. There were changes made in the space used for the installations without any amendment in the document. Furthermore, the agreement indicates that the transfer of a right of possession was not intended. It provides that the owner is to permit plaintiffs "free and unobstructed access to and egress from the installation during reasonable hours of the day" for certain purposes connected with the operation of the machines. This indicates a license rather than a lease.

The motion is denied.

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MULLER v. CONCOURSE INVESTORS
(Apr 8, 1952)